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Tuesday, 2 September 2014

Guilty Of Lewdness – Punishment For

LESSON
# 483 FROM HOLY QUR’AN

Guilty
Of Lewdness – Punishment For

Surah NISAAA’ (WOMEN) - Chapter - 4)

Verses
–15 & 16 of 176, Section –3/24 (Part – 4)

15. And
as for those of your women who are guilty of lewdness, call to witness four
of you against them. Then if they testify (to the truth of the allegation)
then confine them to the houses until death take them or (until) Allah
appoint for them a way (through new legislation).

16. And
as for the two of you who are guilty thereof, punish them both. But if they
repent and improve, then let them be. Lo! Allah is Ever-Relenting, Merciful.

‘al-faahi-shata – (lewdness),
this word has been derived from Fahash
which means ‘obscenity’. faahi-shah has twomeanings
the shameless and the sinful woman. As per dictionary, each such word and deed
is called Fahash, which is bad, and mention
of which is unpleasant to say and hear. Probably due to this reason, the word faahi-shah has been used for an unchaste woman.

‘as-tash-hiduu
‘alayhinna ‘arb- ‘atam-minkum - (call to
witness four of you against them), as much as the shamelessness and lewdness is
an abject and dangerous crime and as much as its punishment is severe, exactly
that much caution in its announcement
and punishment is necessary. It has been commanded here that for the
determination of evidence and punishment of this offense, you would have to
bring four of you witnesses against them. In common matters, only two witnesses
are enough but in the case of fornication, four witnesses have been obliged,
and in addition, those witnesses should be Muslims, and not non-Muslims.

This verse has been explained as, “There is a
need of four witnesses to punish the woman if she is caught in the case of ‘al-faahi-shah (lewdness). After evidence, her punishment is to confine in the
house, until either she does not die, or Allah Almighty do not provide any other
way for her.”

Punishment For The Guilty Men Of Sodomy

‘Allazaani – (the
two men of you), in the earlier verse there was order for punishment to the
women who are offender of lewdness and sinfulness. In this verse, the punishment
of guilty men of sodomy has been described. The word ’Allazaani signifies towards the male. The commentators of
Holy Qur’an took its meaning as those two men who are culprits of homosexuality
or those men who commit lewdness with any woman unlawfully.

‘aazuuhumaa - (punish
both of them), the words ‘aziy-yat,
‘iizaa etc are from the same origin which mean oppression, annoyance,
hurting and pain, etc. In the meanings of this word, every type of trouble,
difficulty and suffering are included. It was proclaimed to punish the lewd women
by confining them in their houses. The punishment for the guilty men has been prescribed
in the second verse as to torture them, and responsibility of its fixation has
been given to the person, who has Power of Divine Law of Religion (the Muslim
Ruler).

Allah Almighty has prescribed the punishment of
fornication as one hundred whips as per Surah
Nuur in Holy Qur’an and commanded that neither this punishment should be
lessened, nor softened, but it should be punished publicly before entire people.
Apparently, these physical punishments by Islam seem very severe and tough but in
fact, nature of crimes demands these types of punishments. Secondly, these
punishments prevent the crimes resultantly, whereas, light imprisonment and
punishment of penalty of present times has become cause of increasing the
crimes Instead of decreasing them.

Islam wants rectification and correction in the
world. Therefore, it considered these crimes as very bad acts, and prescribed
their punishments as much severe that they would remove the crimes and the evils
would end from the world.

It has also been commanded, “Leave the criminals
of lewdness whenever they repent and reform.” Explanation about the Repentance
has been stated many times earlier, that is to say, confessing one’s mistakes
by feeling them as bad and admitting to leave them. In the verse, “Correction
and Rectification” has also been determined necessary with the repentance for more
emphasis. After that, the good news has been given to the persons, who repent
that Allah Almighty is Ever-Relenting, and most Merciful. We should remain hopeful
of His blessings always.

Transliterated Holy Qur’an in Roman Script & Translated from Arabic to English by Marmaduke Pickthall, Published by Paak Company, 17-Urdu Bazar, Lahore, Lesson collected from Dars e Qur’an published By Idara Islah wa Tableegh, Lahore (translated
Urdu to English by Muhammad Sharif).